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COM. v. COPENHEFER

941 A.2d 646 (2007)

COMMONWEALTH of Pennsylvania, Appellee v. David COPENHEFER, Appellant.

Supreme Court of Pennsylvania.

Decided December 28, 2007.

Attorney(s) appearing for the Case

Matthew. C. Lawry, Philadelphia, for David Copenhefer, appellant.

Bradley Henry Foulk, Erie, Amy Zapp, Harrisburg, Douglas Grant McCormick, for the Corn. of Pa., appellee.

BEFORE: CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

OPINION

Justice EAKIN.

Appellant appeals from the order denying his petition under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546, as untimely. We affirm.

Appellant was convicted of first degree murder and sentenced to death.1 On direct appeal, he claimed the trial court erred by failing to instruct the jury at the penalty phase that his lack of prior record constituted a mitigating circumstance...

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